Discovery

Question 0

Information that must be disclosed to the opposing party

Answer 0

A party must provide the names of individuals likely to have discoverable information, along with the subjects of that information that the disclosing party may use to support its claims or defenses.

–> does not need to wait for discovery requests.

Question 1

Discovery

Answer 1

Discovery may be had of any non-privileged matter that is relevant to any party’s claim or defense. As long as the information being sought can reasonably lead to admissible evidence, it is not required that the discovered information be admissible at trial.

Question 2

Work Product Doctrine (Qualified Immunity from Discovery)

Answer 2

Provides a qualified immunity from discovery (not absolute or complete) unless the opposing party can show substantial need and that it cannot obtain the materials in an alternative way without undue hardship.

Question 3

Motion to Compel Discovery

Answer 3

Cannot impose sanctions at the time of compelling discovery however MAY require that the defendant pay the reasonable expenses incurred by the plaintiff in making the motion to compel.

If defendant disregards motion to compel, sanctions may THEN be imposed.